By Esther Chisola
A State witness, Charles Lungu, has told the Lusaka magistrate’s court that he also failed to follow procedure as a custodian of the law, in a case where former Defence Permanent Secretary, Stardy Mwale is charged with willful failure to comply with the law, applicable procedure or guidelines relating to the procurement of Gulfstream G650 Presidential jet.
This in a matter in which Mwale and five others pleaded not guilty to four counts of willful failure to comply with the law, applicable procedure or guidelines, relating to the procurement of Presidential Jet.
Mwale is jointly charged with Isabel Wilima Chinji, Brigadier General Micheal Obister Mbewe, Brigadier General Evaristo Sakala, Brigadier General Frank Hardy Sinyangwe and Dr John Phiri.
During cross examination by the defence lawyer, Lungu was asked if he was ever part of the accused persons. In response, Lungu, a former director of procurement at the Ministry of Defence, responded in the affirmative.
Lungu told Chief Resident Magistrate Davies Chibwili that he was among the seven accused persons in the matter. He testified that he also failed to follow the law as a custodian of the same.
Lungu said a failure to follow procedure rested on his shoulders as an advisor to the procurement team.
Lungu said according to Regulation 113 of the Public Procurement Regulations, Statutory Instrument No, 63 of 2008, the accused persons did not commit any wrong.
“You will agree with 132 and 113 of the Public Procurement Regulations that these people committed no wrong?” asked defence lawyer, Milner Katolo.
“Correct,” Lungu responded.
Asked further asked if his client, Chinji, appeared in the register of attendance of the procurement meeting, Lungu said she was only appearing on the first page of the register.
It is alleged in the first count that Mwale, Chinji, Mbewe, Sakala, Sinyangwe and Phiri between March 1, 2017 and April 4, 2017 in Lusaka, being persons concerned with management and use of public revenue, as members of the Ministerial Procurement Committee for Ministry of Defence, jointly and whilst acting together, without following tender procedure, willfully failed to comply with section 52 (1) of the Public Procurement Act No. 12 of 2008 as read with Regulation 113 of the Public Procurement Regulations, Statutory Instrument No, 63 of 2008 when they awarded contract no. NOD/MPC/024-17 for the Modernisation of Defence Forces to ELBIT Systems Limited without Bid Evaluation.
It is also alleged, in the last count, that Mwale on dates unknown but between March 1, 2017 and September 27, 2017 in Lusaka, being Permanent Secretary for the Ministry of Defence whose function concerned administration, management and use of public property and revenue, fraudulently facilitated and made payments amounting to US $50.000.000 (Fifty Million Dollars) to ELBIT Systems Limited for goods and services not supplied or rendered in full, namely, Medical Evacuation Facility on the Gulf stream G650-ER Jet and upgrading the said Jet from a single mission passenger business jet to a multi mission aircraft as per contract no. MOD/MPC/024- 17 between the Government of the Republic of Zambia (Ministry of Defence) and Elbit Systems Limited.
Trial continues on February 12, 2025.
